English
Here, monks, bhikkhus charge a bhikkhu—with a lapse in virtue, or a lapse in conduct, or a lapse in view, or a lapse in livelihood. Whatever charge, accusing, blaming, denouncing, reproaching, pressing, supporting, strengthening is there—this is a charge, a charge-case. “Among these, what is a charge but not a case? A mother charges her son, a son charges his mother, a father charges his son, a son charges his father, a brother charges his brother, a brother charges his sister, a sister charges her brother, a friend charges his friend—this is A charge is not a legal question. Therein, what is a legal question but not a charge? A legal question of offense, a legal question of duty, a legal question of dispute – this is a legal question but not a charge. Therein, what is both a legal question and a charge? A legal question of accusation is both a legal question and a charge. 226. An occurrence is a legal question of offense, an occurrence is not a legal question, a legal question is not an occurrence, and a legal question is an occurrence. It may be that an occurrence is a legal question of offense, it may be that an occurrence is not a legal question, it may be that a legal question is not an occurrence, it may be that a legal question is an occurrence. Therein, what is an occurrence that is a legal question of offense? The five groups of offenses are a legal question of offense, the seven groups of offenses are a legal question of offense – this is an occurrence that is a legal question of offense. Therein, what is an occurrence that is not a legal question? The attainment of stream-entry – this is an occurrence that is not a legal question. Therein, what is a legal question that is not an occurrence? A legal question of duty, a legal question of dispute, a legal question of accusation – this is a legal question that is not an occurrence. Therein, what is both a legal question and an occurrence? A legal question of offense is both a legal question and an occurrence. 227. A duty is a legal question of duty, a duty is not a legal question, a legal question is not a duty, and a legal question is a duty. It may be that a duty is a legal question of duty, it may be that a duty is not a legal question, it may be that a legal question is not a duty, it may be that a legal question is a duty. Therein, what is a duty that is a legal question of duty? That which is a duty of the Saṅgha, a thing to be done, an announcement, a motion, a motion with a second announcement, a motion with a four-part procedure – this is a duty that is a legal question of duty. Therein, what is a duty that is not a legal question? The duty to a teacher, the duty to a preceptor, the duty to a co-preceptor, the duty to a co-teacher – this is a duty that is not a legal question. Therein, what is a legal question that is not a duty? A legal question of dispute, a legal question of accusation, a legal question of offense – this is a legal question. What is our duty? Among these, what is both a dispute and a duty? A duty-dispute is both a dispute and a duty. 9. Methods for Settling Disputes Settlement in the Presence 228. How many methods settle a dispute-case? A dispute-case is settled by two methods – by settlement in the presence and by decision by majority. Could a dispute-case be settled by one method, without relying on decision by majority – by settlement in the presence? Yes, it could be said. How so? Here, monks, monks dispute – saying 'this is Dhamma' or 'this is not Dhamma', 'this is Vinaya' or 'this is not Vinaya', 'this was spoken and uttered by the Tathāgata' or 'this was not spoken and not uttered by the Tathāgata', 'this was practiced by the Tathāgata' or 'this was not practiced by the Tathāgata', 'this was laid down by the Tathāgata' or 'this was not laid down by the Tathāgata', 'this is an offense' or 'this is not an offense', 'this is a light offense' or 'this is a serious offense', 'this is an offense with a remainder' or 'this is an offense without a remainder', 'this is a gross offense' or 'this is not a gross offense'. If, monks, those monks are able to settle that dispute, this, monks, is called a settled dispute. By what is it settled? By settlement in the presence. And what is there in that settlement in the presence? Presence of the Sangha, presence of the Dhamma, presence of the Vinaya, presence of the individuals. And what is the presence of the Sangha there? As many monks as are qualified for the act are present, the consent of those entitled to consent has been brought, those present do not object – this is the presence of the Sangha there. And what is the presence of the Dhamma, the presence of the Vinaya there? By which Dhamma, by which Vinaya, by which teaching of the Teacher that dispute is settled – this is the presence of the Dhamma, the presence of the Vinaya there. And what is the presence of the individuals there? Both the one who disputes and the one with whom he disputes, both parties are present – a what is there the presence of persons. If, monks, a case thus settled, the doer revokes it, an offense of revocation; the giver of consent is annoyed, an offense of annoyance. 229. ‘‘If, monks, those bhikkhus cannot settle that case in that dwelling, by those bhikkhus, monks, the dwelling where there are many bhikkhus, that dwelling should be gone to. If, monks, those bhikkhus going to that dwelling can settle that case on the way, this, monks, is called a settled case. By what is it settled? By the Rule of Presence. And what is there in that Rule of Presence? Presence of the Sangha, presence of the Dhamma, presence of the Vinaya, presence of persons. And what is there the presence of the Sangha? As many bhikkhus as are qualified for the act, they are present, the consent of those worthy of consent is brought, those present do not object – this is there the presence of the Sangha. And what is there the presence of the Dhamma, the presence of the Vinaya? By which Dhamma, by which Vinaya, by which teaching of the Teacher that case is settled – this is there the presence of the Dhamma, the presence of the Vinaya. And what is there the presence of persons? He who disputes, and with whom he disputes, both parties are present – this is there the presence of persons. If, monks, a case thus settled, the doer revokes it, an offense of revocation; the giver of consent is annoyed, an offense of annoyance. 230. ‘‘If, monks, those bhikkhus coming to that dwelling cannot settle that case on the way, by those bhikkhus, monks, having gone to that dwelling, the resident bhikkhus should be addressed thus: ‘This, friends, is a case that has arisen thus, that has come about thus; may the venerable ones settle this case according to Dhamma, according to Vinaya, according to the Teacher’s instruction, as this case may it be well settled. If, monks, the resident monks are older, the visiting monks are younger, then, monks, by those resident monks the visiting monks should be addressed thus – ‘Please, venerable sirs, stand aside for a moment, while we consult.’ But if, monks, the resident monks are younger, the visiting monks are older, then, monks, by those resident monks the visiting monks should be addressed thus – ‘Then, venerable sirs, please remain right here for a moment, while we consult.’ But if, monks, while the resident monks are consulting, it occurs to them – ‘We are not able to settle this dispute according to the Dhamma, the Vinaya, the Teacher’s Dispensation,’ that dispute should not be accepted by the resident monks. But if, monks, while the resident monks are consulting, it occurs to them – ‘We are able to settle this dispute according to the Dhamma, the Vinaya, the Teacher’s Dispensation,’ then, monks, by those resident monks the visiting monks should be addressed thus – ‘If, venerable sirs, you will report this dispute to us as it arose, as it originated, and as we shall settle this dispute according to the Dhamma, the Vinaya, the Teacher’s Dispensation, then it will be well settled. Thus we shall accept this dispute. But if, venerable sirs, you will not report this dispute to us as it arose, as it originated, and as we shall settle this dispute according to the Dhamma, the Vinaya, the Teacher’s Dispensation, then it will not be well settled. We shall not accept this dispute.’ Having thus, monks, thoroughly ascertained it, that dispute should be accepted by the resident monks. Then, monks, by those visiting monks the resident monks should be addressed thus "As it arose, as it came to be, we will report this dispute to the venerable ones. If the venerable ones are able, within such and such a time, to settle this dispute by Dhamma, by Vinaya, by the Teacher's instruction, then it will be well-settled. Thus we will hand over this dispute to the venerable ones. If the venerable ones are not able, within such and such a time, to settle this dispute by Dhamma, by Vinaya, by the Teacher's instruction, then it will not be well-settled. We will not hand over this dispute to the venerable ones. We ourselves will be the owners of this dispute." Having thus well-grasped this, O bhikkhus, that dispute should be handed over by the visiting bhikkhus to the resident bhikkhus. "If those bhikkhus, O bhikkhus, are able to settle that dispute, this, O bhikkhus, is called a settled dispute. By what is it settled? By the Discipline in the Presence. And what is there in the Discipline in the Presence? Presence of the Sangha, presence of the Dhamma, presence of the Vinaya, presence of the individuals... If, O bhikkhus, a dispute thus settled, a doer revokes it, there is an offense of expiation for revoking. If one who gave consent complains, there is an offense of expiation for complaining. Settlement by Referral 231. "If, O bhikkhus, when those bhikkhus are investigating that dispute, endless speeches arise, and the meaning of what is said by anyone is not understood,